Bill Text For HB2600 - Introduced

1| STATE OF OKLAHOMA |
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2| 2nd Session of the 53rd Legislature (2012) |
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3|HOUSE BILL 2600 By: Holland |
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4| |
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5| |
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6| AS INTRODUCED |
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7| An Act relating to school elections; amending 26 O.S. |
| 2011, Section 13A-103, which relates to election |
8| dates; changing election dates for members of the |
| board of education; changing election dates for |
9| question of school levy; amending 26 O.S. 2011, |
| Section 13A-105, which relates to the declarations of |
10| candidacy by certain candidates; modifying dates of |
| filing; amending 70 O.S. 2011, Section 5-107A, which |
11| relates to membership of boards of education of |
| school districts; providing for the term of office of |
12| board members elected after certain date; providing |
| for completion of the term of office for certain |
13| board members; providing an effective date; and |
| declaring an emergency. |
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15| |
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16| |
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17|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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18| SECTION 1. AMENDATORY 26 O.S. 2011, Section 13A-103, is |
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19|amended to read as follows: |
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20| Section 13A-103. A. The election of members of the board of |
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21|education of every school district and technology center school |
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22|district shall be conducted on the second Tuesday in February of |
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23|each year, except in any year when a Presidential Preferential |
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24|Primary is held in February, then the election shall beheld on the |
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1|same day as the Presidential Preferential Primaryof November in |
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2|odd-numbered years and the first Tuesday after the first Monday in |
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3|November of any even-numbered year. |
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4| If no candidate receives more than fifty percent (50%) of the |
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5|votes cast in the election provided for in this subsection, an |
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6|election between the two candidates with the highest number of votes |
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7|shall be conducted on the firstsecond Tuesday in AprilFebruary of |
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8|thatthe next year, except in any year when a Presidential |
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9|Preferential Primary is held in February, then the election shall be |
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10|held on the same day as the Presidential Preferential Primary. |
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11| B. Elections on the question of making a levy or levies for |
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12|schools under Section 9, Section 9B or Section 10 of Article X of |
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13|the Oklahoma Constitution shall be held on the second Tuesday in |
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14|February of each year, except in any year when a Presidential |
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15|Preferential Primary is held in February, then the election shall be |
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16|held on the same day as the Presidential Preferential Primaryof |
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17|November in odd-numbered years and the first Tuesday after the first |
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18|Monday in November of any even-numbered year. |
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19| C. The board of education of every school district or |
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20|technology center school district may call a special election for |
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21|the purpose of voting on any matter or question authorized by law. |
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22| SECTION 2. AMENDATORY 26 O.S. 2011, Section 13A-105, is |
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23|amended to read as follows: |
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24| |
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1| Section 13A-105. Candidates for member of the board of |
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2|education of every school district or technology center school |
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3|district shall file declarations of candidacy in the same place and |
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4|with the same officials as candidates for county office. The |
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5|declaration of candidacy to be signed by the candidate shall have an |
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6|attachment to be signed by the candidate listing the requirements of |
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7|a candidate for election or reelection to a school board as set |
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8|forth in Sections 13A-106 and 5-105a of this title and Sections |
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9|5-110, 5-110.1, and 5-113 of Title 70 of the Oklahoma Statutes, and |
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10|the candidate shall swear or affirm that he or she is eligible to |
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11|run for the office or serve in the office if elected. Candidates |
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12|shall file on the first Monday in DecemberAugust through the |
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13|following Wednesday. For school districts and technology center |
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14|school districts located in more than one county, filing may be |
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15|either in the county wherein supervision of the district is located |
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16|or in the county where the candidate resides. |
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17| SECTION 3. AMENDATORY 70 O.S. 2011, Section 5-107A, is |
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18|amended to read as follows: |
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19| Section 5-107A. The following provisions and the provisions of |
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20|Section 13A-101 et seq. of Title 26 of the Oklahoma Statutes shall |
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21|govern the election of members of the board of education for a |
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22|school district: |
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23| A. For purposes of this section, temporary positions added to a |
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24|board of education pursuant to Section 7-101 or 7-105 of this title |
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1|and the chair of the board of education elected pursuant to Section |
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2|15-107B of this acttitle shall not be considered in determining |
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3|the size of the board. The number and term of each board of |
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4|education shall be as follows: |
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5| District Members Term (Years) |
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6| |
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7| Elementary 3 3 |
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8| Independent |
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9| 1. Districts having a |
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10| five-member board 5 5 |
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11| 2. Districts having a |
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12| seven-member board unless |
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13| an election is conducted |
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14| pursuant to subsection C of |
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15| this section 7 4 |
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16| B. In all school districts, the members of the board of |
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17|education shall be elected as follows: |
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18| 1. a. Between August 1 and December 31 of the year following |
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19| the submission by the United States Department of |
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20| Commerce to the President of the United States of the |
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21| official Federal Decennial Census, the board of |
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22| education shall reapportion the territory of the |
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23| school district into board districts. Beginning with |
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24| the reapportionment following the 1990 Federal |
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1| Decennial Census, all boundaries of board districts |
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2| shall follow clearly visible, definable and observable |
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3| physical boundaries which are based upon criteria |
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4| established and recognized by the Bureau of the Census |
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5| of the United States Department of Commerce for |
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6| purposes of defining census blocks for its decennial |
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7| census and shall follow, as much as is possible, |
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8| precinct boundaries. Board districts shall be |
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9| compact, contiguous and shall be as equal in |
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10| population as practical with not more than a ten |
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11| percent (10%) variance between the most populous and |
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12| least populous board districts. |
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13| b. School districts having fewer than one thousand eight |
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14| hundred (1,800) students in average daily membership |
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15| during the preceding school year may choose not to |
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16| establish board districts and may nominate and elect |
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17| all board members at large. |
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18| c. Elementary school districts shall have board members |
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19| elected at large. |
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20| d. A city located in an independent school district |
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21| having four or more wards and an outlying area with |
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22| such outlying area comprising no more than twenty |
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23| percent (20%) of the population of such independent |
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24| school district, then such independent school district |
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1| may adopt such wards and outlying area in lieu of the |
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2| board districts provided for in subparagraph a of this |
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3| paragraph, and at least one member of the board of |
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4| education of such independent school district shall be |
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5| a member of each ward; and |
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6| 2. One member of the board of education shall be elected by the |
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7|electors of the school district to represent each such board |
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8|district. Provided, however, that in any school district where the |
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9|electors of each board district, rather than the electors of the |
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10|entire school district, elect board members to represent that board |
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11|district, that district shall elect board members in that manner. |
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12| If during the term of office to which a person was elected, that |
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13|member ceases to be a resident of the board district for which the |
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14|person was elected, the office shall become vacant and such vacancy |
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15|shall be filled as provided in Section 13A-110 of Title 26 of the |
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16|Oklahoma Statutes; and |
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17| 3. In a school district having more than ten thousand (10,000) |
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18|children in average daily membership, the following provision and |
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19|the provisions of Section 13A-101 et seq. of Title 26 of the |
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20|Oklahoma Statutes shall control as to election of the members of the |
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21|school district's board of education: |
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22| a. There shall be held an election in which the electors |
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23| of each board district in which a term is expiring or |
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24| in which a vacancy exists shall select two candidates |
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1| from among the candidates for board member to |
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2| represent the board district, |
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3| b. If, in the election, one candidate has a majority of |
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4| all votes cast, then a run-off election is not |
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5| required. If no candidate receives a majority of all |
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6| votes cast, then the two candidates receiving the |
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7| greatest number of votes shall become the candidates |
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8| for the board district in the general election, and |
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9| c. At the run-off election, all of the electors of the |
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10| board district shall select one of the two candidates |
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11| as the member of the board of education representing |
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12| the board district. |
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13| C. Any seven-member board shall have the option of reducing its |
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14|board to a five-member board either after approval of a board |
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15|resolution or a vote of the electors of the school district to take |
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16|such action pursuant to Section 13A-109 of Title 26 of the Oklahoma |
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17|Statutes. The election pursuant to a vote of the electors of the |
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18|school district shall be called upon the submission of a petition |
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19|requesting the election signed by ten percent (10%) of the school |
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20|district electors in the school district, the percentage being |
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21|applied to the highest number of voters voting in a regular school |
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22|district election in the district in the preceding five (5) years as |
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23|determined by the secretary of the county election board, who shall |
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24|certify the adequacy of the number of signatures on the petition. |
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1|If the question is put before the voters of the district, such |
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2|election shall be held along with and at the same time and place as |
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3|the next school election if all requirements of Section 13A-101 et |
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4|seq. of Title 26 of the Oklahoma Statutes for such election are met. |
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5| After such resolution or election, the board shall reapportion |
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6|the district, determining by resolution or by lot which board member |
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7|offices shall be abolished at the end of the current board member's |
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8|term and which shall become one of the offices of the new board. |
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9| Election of the resulting board members shall be carried out |
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10|according to procedures stated in this section and Section 13A-101 |
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11|et seq. of Title 26 of the Oklahoma Statutes. |
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12| School board members currently serving in offices abolished |
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13|pursuant to this subsection shall continue serving until the end of |
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14|their current terms as at-large members. |
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15| D. Except for the chair of the board of education elected |
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16|pursuant to Section 15-107B of this acttitle, offices of members |
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17|of the board of education shall be designated by consecutive numbers |
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18|and shall correspond with board districts when applicable. |
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19| E. Except for those members elected prior to July 1, 1992, the |
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20|terms of office of the members of a five-member board of education |
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21|shall commence on the first regular, special or emergency school |
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22|board meeting after the date of the annual school election and after |
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23|the member has been certified as elected: |
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24| Office No. 1 1991 |
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1| Office No. 2 1992 |
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2| Office No. 3 1993 |
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3| Office No. 4 1994 |
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4| Office No. 5 1995 |
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5| The terms of office of the members of a seven-member board of |
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6|education shall be staggered, with one member being elected in 1991, |
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7|two members being elected in 1992, two members being elected in 1993 |
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8|and two members being elected in 1994 and shall commence on the |
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9|first regular, special or emergency school board meeting after the |
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10|date of the annual school election and after the member has been |
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11|certified as elected; provided, in districts needing to elect two |
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12|members in 1991 to maintain a full complement of board members, two |
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13|members shall be elected in 1991, one for a full term and one for a |
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14|one-year term, as determined by the local board. If a seven-member |
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15|board is formed upon consolidation pursuant to Section 7-105 of this |
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16|title, or upon annexation pursuant to Section 7-101 of this title, |
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17|the formation agreement shall specify initial short terms as |
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18|necessary to extend until the beginning of the regular terms for |
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19|seven-member boards established herein. |
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20| Upon reduction of a seven-member board pursuant to subsection C |
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21|of this section, the terms of the five-member board shall be |
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22|staggered pursuant to this subsection. |
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23| One member of a three-member board of education shall be elected |
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24|each year, and the terms of office shall commence on the first |
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1|regular, special or emergency school board meeting after the member |
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2|has been certified as elected. |
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3| F. The term of office of each board member elected after July |
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4|1, 19922012, shall commence on the first regular, special or |
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5|emergency school board meeting after the date of the annual school |
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6|election and after the member has been certified as elected. Board |
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7|Any board members elected prior to July 1, 19922012, whose term of |
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8|office was shortened due to a change in election dates, may remain |
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9|in office until their successor is elected and seated pursuant to |
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10|Sections 13A-101 through 13A-111 of Title 26 of the Oklahoma |
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11|Statutes. The remaining term of any member who completescomplete |
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12|the term for which the member was elected but not wishing to serve |
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13|until the successor of the member takes office on the first regular, |
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14|special or emergency school board meeting after the successor has |
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15|been certified as elected, shall be filled by appointment by the |
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16|remaining members of the board of educationas an at-large member. |
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17| SECTION 4. This act shall become effective July 1, 2012. |
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18| SECTION 5. It being immediately necessary for the preservation |
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19|of the public peace, health and safety, an emergency is hereby |
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20|declared to exist, by reason whereof this act shall take effect and |
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21|be in full force from and after its passage and approval. |
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23| 53-2-8785 AM 01/04/12 |
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